Tongue Lens – Terms & Conditions

1. Introduction and Contractual Agreement

These Terms & Conditions ("Terms") form a legally binding agreement between the user ("User", "you") and the provider of the mobile application "Tongue Lens" ("App"), operated by Mathias Gillitz, located at Bahnhofstraße 6b, 84558 Kirchweidach, Germany, reachable at support@tonguelens.com ("Provider", "we", "us"). By downloading, installing, accessing, or using the App, the User accepts these Terms in full. Users who do not agree to these Terms may not use the App. The Provider retains the right to modify, restrict, or discontinue access to the App at any time.

2. Purpose and Nature of the App

Tongue Lens is a non-medical wellness application that generates AI-based interpretations of tongue images uploaded by the User. These interpretations are based on traditional wellness concepts inspired by Ayurveda and Traditional Chinese Medicine, which are non-scientific systems and not validated diagnostic tools. The App provides general wellness reflections and lifestyle observations only. None of the App's outputs represent medical facts, clinical indications, physiological assessments, or scientific measurements. The App does not diagnose, treat, cure, prevent, or monitor any condition.

3. No Medical Use and Regulatory Disclaimer

The App is not a medical device under any jurisdiction, including Regulation (EU) 2017/745 (MDR), United States FDA regulations, UK MDR 2002, Health Canada's Medical Device Regulations, Australia's Therapeutic Goods Act, or comparable laws. The App does not provide diagnosis, symptom evaluation, or therapeutic recommendations, and may not be used for any medical, clinical, or health-related decisions. All interpretations are non-scientific wellness insights generated by artificial intelligence. Users experiencing health concerns must consult licensed medical professionals. Any medical use of the App is strictly prohibited.

4. Eligibility

The App may only be used by individuals aged 18 years or older. By using the App, the User confirms compliance with this requirement. Providing false age information constitutes a breach of these Terms.

5. Technical Requirements and Availability

The User requires a compatible mobile device, functioning camera, stable internet connection for AI processing, and an active Apple App Store account. The Provider does not guarantee uninterrupted availability. Maintenance, updates, network issues, or changes in third-party AI processing systems may temporarily affect the App's functionality. The Provider is not liable for interruptions, downtime, or data loss resulting from such events.

6. User Conduct and Responsibilities

The User agrees to upload only images of their own tongue and not those of third parties. Submitted information must be accurate. The User shall not misuse the App, interfere with its functions, attempt to copy, reverse-engineer, extract, manipulate, or commercially exploit any part of the App. The User is solely responsible for securing their device and protecting locally stored data from unauthorized access.

7. Image Upload, AI Processing, and Interpretation

When a User uploads a tongue image, the App transmits a temporary, encoded copy of the image (currently in base64 format) to the external AI processing service used by the Provider (currently OpenAI API). This transmission is strictly transient and serves only the purpose of generating the requested interpretation. The temporary encoded image is processed and then deleted immediately by the AI processor in accordance with its technical workflow. The Provider does not store this temporary copy, nor does the Provider grant the AI processor permission to retain, reuse, or train AI models with the User's image.

After the interpretation is generated, the original photo — or a compressed version created by the App — is saved exclusively on the User's device. This storage occurs within the App's private Documents directory, which is protected by the device's operating system. On iOS devices, this includes system-level encryption and sandboxing mechanisms ("Data Protection"), which ensure that stored files are protected at rest, including when the device is locked.

The Provider does not maintain remote access to any local files and cannot retrieve, restore, or externally access such data. The User retains full ownership of the original images at all times.

8. Local Storage of Data with Future Feature Flexibility

At present, all tongue images, scan histories, interpretations, and wellness scores are stored entirely and exclusively on the User's device. The Provider does not operate any external storage servers, cloud databases, or remote profiles for this version of the App. Deleting the App, resetting the device, or replacing the device may permanently delete all stored data. The Provider assumes no responsibility for such data loss.

To maintain future development flexibility, the Provider reserves the right to introduce optional, user-activated cloud features in later versions of the App, such as account-based storage, multi-device sync, or encrypted cloud backups. Such features will only be implemented in compliance with applicable data protection laws and will require explicit, informed user consent prior to activation. The current version of the App does not include cloud-based storage.

9. Temporary Data Transfer to AI Processor (GDPR-Compliant)

The User acknowledges that temporary transmission of the encoded image to the external AI processor constitutes a data processing operation under data protection laws. This operation is strictly limited to generating the requested interpretation. The provider of the AI service acts as a technical processor within the meaning of data protection regulations. The temporary encoded copy is deleted after processing and is not retained, stored, or reused. The Provider ensures that this processing occurs under an appropriate data protection framework and that no permanent storage of personal data takes place outside the User's device without explicit consent. The Provider does not receive the processed data except for the interpretation returned to the device, which remains stored locally.

10. Payments, Subscriptions, and Refunds

All financial transactions, including one-time scan purchases and subscriptions, are handled exclusively through the Apple App Store. The Provider does not process or store payment information. All refunds, cancellations, renewals, and billing inquiries are subject solely to Apple's policies. Deleting the App does not terminate active subscriptions; Users must cancel subscriptions through their Apple account settings.

11. Warranty Disclaimer

The App is provided strictly on an "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS" basis. The Provider does not make any express, implied, or statutory warranties regarding the App's performance, accuracy, reliability, completeness, or suitability for any specific purpose. The Provider expressly disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, accuracy of results, non-infringement, or any warranties arising from prior dealings or industry practice. The User acknowledges that all interpretations generated by the App are speculative wellness impressions based on artificial intelligence, subject to the inherent unpredictability and probabilistic nature of AI systems. No information provided orally or in writing by the Provider shall create any warranty not expressly stated in these Terms. The Provider does not warrant that the App will function without errors, that interpretations will be consistent or reliable, or that the App will remain compatible with all future devices or operating system versions.

12. Limitation of Liability

To the fullest extent permitted by applicable law, the Provider shall not be liable for any direct, indirect, incidental, consequential, punitive, special, or exemplary damages arising out of or in connection with the use or inability to use the App. This includes, without limitation, damages relating to loss of profits, loss of data, loss of goodwill, emotional distress, reputational damage, personal injury, or any form of alleged medical or health-related consequence. The User acknowledges that all data, including images and insights histories, is stored solely on their own device, and the User accepts full responsibility for the security, backup, and preservation of such data. The Provider shall not be liable for data loss resulting from device malfunctions, accidental deletion, operating system issues, user error, or any changes made by the User to the device. Where liability cannot be entirely excluded due to mandatory legal provisions, the Provider's total aggregate liability shall be limited to the lesser of the amount paid by the User in the twelve months preceding the event giving rise to liability or a maximum of EUR 25. This limitation applies regardless of the legal basis asserted, including contract, tort, negligence, strict liability, statutory liability, or any other theory of law.

13. United States–Specific Warranty and Liability Notice

For Users residing in the United States, the Provider expressly disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, accuracy, silent enjoyment, and non-infringement. The User acknowledges that the App is not designed to comply with U.S. healthcare regulations such as HIPAA, HITECH, or FDA medical device rules, and agrees not to use the App in any context that would require such compliance. The User further acknowledges that the App provides no medical, diagnostic, or therapeutic value and must not be used for any medical-related decisions.

14. User Indemnification

The User agrees to indemnify, defend, and hold harmless the Provider, including without limitation Mathias, Martin, and Michael, from any claims, losses, liabilities, damages, or expenses, including reasonable attorneys' fees, arising from or related to the User's misuse of the App, violation of these Terms, attempted use of the App for medical purposes, violation of applicable laws, or the uploading of images belonging to third parties. The User also agrees to indemnify the Provider for any claims alleging harm or injury resulting from the User's reliance on AI-generated interpretations. This indemnification obligation survives the termination of the User's access to the App and remains in full force indefinitely.

15. Intellectual Property Rights

All intellectual property rights associated with the App, including its design, structure, interface, text, system architecture, algorithms, AI logic, prompts, insights categories, scoring methods, trademarks, brand elements, and all related visual and technical components, belong exclusively to the Provider or its licensors. The User acquires no ownership rights by using the App. The User is granted a limited, non-exclusive, non-transferable, revocable license solely for personal, non-commercial use in accordance with these Terms. Any reproduction, distribution, modification, public display, extraction, reverse engineering, or commercial use of any part of the App without prior written permission from the Provider is strictly prohibited.

16. Third-Party AI Processing

The App relies on external artificial intelligence processing services (currently OpenAI API) to analyze uploaded images. The Provider does not control the internal functioning, availability, operational stability, or data-handling procedures of these third-party services beyond the contractual agreements in place. The User acknowledges that AI behavior may vary and that external AI processors may update their models or infrastructure without notice. The Provider disclaims all liability for service interruptions, AI behavior changes, or fluctuations in interpretation outputs due to third-party systems. The User further acknowledges that third-party AI processors act under their own legal frameworks and privacy policies.

17. Class Action Waiver and Arbitration (United States Only)

For Users residing in the United States, any dispute or claim arising out of or relating to these Terms or the App must be brought solely on an individual basis. The User expressly waives the right to participate in or pursue any class action, class arbitration, collective proceeding, private attorney general action, or any other representative proceeding. To the fullest extent permitted by law, disputes shall be resolved through binding individual arbitration administered by a recognized arbitration authority. This clause shall survive termination of the User's use of the App and shall be interpreted broadly to maximize its enforceability.

18. Modifications to the Terms

The Provider reserves the right to modify, update, or amend these Terms at any time to reflect changes in legal requirements, technical developments, or operational needs. Updated Terms become effective immediately upon publication within the App. Continued use of the App following such updates constitutes binding acceptance of the modified Terms. If the User does not agree with the updated Terms, they must discontinue use of the App and may delete it from their device.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules. Mandatory consumer protection provisions of the User's country of residence remain unaffected. Where legally permissible, disputes arising from these Terms shall be brought before the courts competent at the Provider's business location. The Provider may also seek injunctive relief or enforce intellectual property rights in any jurisdiction worldwide.

20. Severability

If any provision of these Terms is held to be invalid, unenforceable, or void by a competent court, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent in a legally permissible manner.

21. Contact Information

For all inquiries, notices, or questions regarding these Terms or the App, the User may contact the Provider at:

Any updates to the Provider's contact information will be reflected within the App or related documentation.